[Federal Register Volume 67, Number 56 (Friday, March 22, 2002)]
[Proposed Rules]
[Pages 13303-13306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6983]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 020313058-2058-01; I.D. 030402A]
RIN 0648-AP07


Fisheries of the Northeastern United States; Proposed 2002 
Specifications for the Spiny Dogfish Fishery; Regulatory Amendment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes specifications for the spiny dogfish fishery for 
the 2002 fishing year, which is May 1, 2002, through April 30, 2003. 
The implementing regulations for the Spiny Dogfish Fishery Management 
Plan (FMP) require NMFS to publish specifications for the upcoming 
fishing year and to provide an opportunity for public comment. The 
intent is to specify the commercial quota and other management 
measures, such as trip limits, to address overfishing of the spiny 
dogfish resource. This proposed rule would make a correction to the 
Spiny Dogfish regulations to indicate that the target fishing mortality 
rate (F) specified for the period May 1, 2003 - April 30, 2004 should 
be F=0.03.

DATES: Public comments must be received (see ADDRESSES) no later than 5 
p.m. eastern standard time on April 8, 2002.

ADDRESSES: Written comments on the proposed specifications should be 
sent to Patricia A. Kurkul, Regional Administrator, Northeast Region, 
National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 
01930-2298. Mark on the outside of the envelope, ``Comments--2002 Spiny 
Dogfish Specifications.'' Comments may also be sent via facsimile (fax) 
to (978) 281-9135. Comments will not be accepted if submitted via e-
mail or the Internet.
    Copies of supporting documents used by the Joint Spiny Dogfish 
Committee and the Spiny Dogfish Monitoring Committee; the Environmental 
Assessment, Regulatory Impact Review, Initial Regulatory Flexibility 
Analysis (EA/RIR/IRFA); and the Essential Fish Habitat Assessment 
(EFHA) are available from Daniel Furlong, Executive Director, Mid-
Atlantic

[[Page 13304]]

Fishery Management Council, Federal Building, Room 2115, 300 South 
Street, Dover, DE 19904. The EA, RIR, IRFA and EFHA are accessible via 
the Internet at http:/www.nero.gov/ro/doc/nero.html.

FOR FURTHER INFORMATION CONTACT: Bonnie L. Van Pelt, Fishery Policy 
Analyst, (978)281-9244, fax (978)281-9135, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Spiny dogfish were declared overfished by NMFS on April 3, 1998, 
and added to that year's list of overfished stocks in the Report on the 
Status of the Fisheries of the United States, prepared pursuant to 
section 304 of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). Consequently, the Magnuson-Stevens Act 
required the preparation of measures to end overfishing and to rebuild 
the spiny dogfish stock. A joint FMP was developed by the Mid-Atlantic 
and New England Fishery Management Councils (Councils) during 1998 and 
1999. The Mid-Atlantic Fishery Management Council (MAFMC) was 
designated as the administrative lead on the FMP.
    The regulations implementing the FMP at 50 CFR part 648, subpart L, 
outline the process for specifying annually the commercial quota and 
other management measures (e.g., minimum or maximum fish sizes, 
seasons, mesh size restrictions, trip limits, and other gear 
restrictions) for the spiny dogfish fishery to achieve the annual 
target F specified in the FMP. The target F for the 2002 fishing year 
is 0.03.
    The Spiny Dogfish Monitoring Committee (Monitoring Committee), 
comprised of representatives from states, MAFMC staff, New England 
Fishery Management Council (NEFMC) staff, NMFS staff and two non-
voting, ex-officio industry representatives (one each from the MAFMC 
and NEFMC regions) is required to review annually the best available 
information and to recommend a commercial quota and other management 
measures necessary to achieve the target F for the upcoming fishing 
year. The Council's Joint Spiny Dogfish Committee (Joint Committee) 
then considers the Monitoring Committee's recommendations and any 
public comment in making its recommendation to the two Councils. 
Afterwards, the MAFMC and the NEFMC make their recommendations to NMFS. 
NMFS reviews those recommendations to assure they are consistent with 
the target F level, and publishes proposed measures for public comment.

Monitoring Committee Recommendations

    The Monitoring Committee met on September 11, 2001, to review 
updated stock assessment information. Based on a 3-year average (1999-
2001), fishing mortality was estimated at F= 0.27, far above the 
overfishing threshold level of 0.11. This level of F reflects 
overfishing in the fishery before the FMP was implemented. Using 1999-
2001 Northeast Fisheries Science Center (NEFSC) spring survey trawl 
data and commercial landings data through 2000, the Monitoring 
Committee noted a reduction in the biomass of adult females (>80 cm) 
throughout the time series (1978 - 2001). The average size of female 
dogfish has declined from greater than 8.8 lb (4 kg) in 1987 to about 
4.40 lb (2 kg) in 2000. Since 1990, the estimate of mature female 
biomass has declined steadily. The decline in estimated biomass of 
mature females and large males is consistent with cumulative removals 
from a slow growing stock. These results suggest that total removals 
have exceeded productive capacity of the stock. The 3-year average of 
swept area female biomass (>80 cm) for the period 1999 - 2001, has 
declined to about 34 percent of the recommended biomass rebuilding 
target (Bmsy) of 200,000 mt (441 million lb).
    NEFMC survey data show a reduction in the biomass of spiny dogfish 
pups based on the decline in biomass of dogfish less than 35 cm (13.8 
inch). The survey indices for pups have continued to be the lowest in 
the 33-year time series for the past 5 consecutive years (1997 - 2001), 
indicating recruitment failure.
    The Monitoring Committee estimated the yield associated with a 
F=0.03 for 2002 to be 4.0 million lb (1.81 million kg), assuming the 
current stock size. The Monitoring Committee recommended a 4-million 
pound (1.81-million kg) commercial quota for spiny dogfish for the 
2002-2003 fishing season, divided into the two semi-annual periods as 
specified in the FMP: 57.9 percent for quota period 1 (May-October), or 
2,316,000 lb (1.05 million kg), and 42.1 percent for quota period 2 
(November-April), or 1,684,000 lb (763,849 kg). The Monitoring 
Committee also recommended maintaining a trip limit of 600 lb (272 kg) 
for quota period 1 and 300 lb (136 kg) for quota period 2 (vessels are 
prohibited from landing more than the specified amount in any one 
calendar day). The Monitoring Committee also expressed concern that 
even the current restrictive rebuilding strategy may be too liberal to 
accomplish the rebuilding objectives of the FMP (i.e., rebuilding to 
SSBmax), even in the long term.

Joint Spiny Dogfish Committee Recommendations

    The Joint Spiny Dogfish Committee (Joint Committee) met on 
September 28, 2001, to consider the recommendations of the Monitoring 
Committee, and to make a recommendation to the Councils. The Joint 
Committee recommended that the Councils, using whatever means 
necessary, adopt a fishing mortality rate for the 2002-2003 fishing 
season that would be consistent with a commercial quota of 8.8 million 
lb (4 million kg). In addition, the Joint Committee recommended trip 
limits of 7,000 lb (3,175 kg) for both quota periods.

Alternatives Proposed by the Councils

    The MAFMC and NEFMC voted upon recommendations for year four (2002-
2003) management measures at their respective meetings in October and 
November 2001. The MAFMC adopted the Monitoring Committee 
recommendations for a commercial quota of 4 million lb (1.81 million 
kg) and trip limits of 600 lb (272 kg) for quota period 1 (May 1 - Oct. 
31) and 300 lb (136 kg) for quota period 2 (Nov. 1 - April 30). The 
NEFMC adopted the Joint Committee recommendation for a fishing 
mortality rate consistent with a commercial quota of 8.8 million lb (4 
million kg), and trip limits of 7,000 lb (3,175 kg) for both quota 
periods.

Proposed 2002 Measures

    At both Council meetings NMFS noted that it was not possible to 
modify the FMP target F through the annual specifications as was 
recommended by the NEFMC, because such a change would require an FMP 
amendment. NMFS reviewed both Councils' recommendations and concluded 
that the MAFMC recommendation would assure that the target F is not 
exceeded. NMFS proposes a commercial spiny dogfish quota of 4 million 
lb (1.81 million kg) for the 2002 fishing year to be divided into two 
semi-annual periods as follows: 2,316,000 lb (1.05 million kg) for 
Quota period 1 (May 1, 2001-Oct. 31, 2001); and 1,684,000 lb (763,849 
kg) for Quota period 2 (Nov. 1, 2001-April 30, 2002). In addition, NMFS 
proposes to maintain trip limits of 600 lb (272 kg) for Quota period 1, 
and 300 lb (136 kg) for Quota period 2 to discourage a directed 
fishery. The directed fishery has traditionally targeted large mature 
female spiny dogfish, the stock

[[Page 13305]]

component that is most in need of protection and rebuilding. A trip 
limit level of 7,000 lb (3,175 kg) could result in a directed fishery, 
which is inconsistent with the rebuilding program. Maintaining the 
limits of 600 lb (272 kg) and 300 lb (136 kg) for Quota period 1 and 
Quota period 2, respectively, would allow for the retention of spiny 
dogfish caught incidentally while fishing for other species, but 
discourage directed fishing and, therefore, provide protection for 
mature female spiny dogfish.
    This proposed rule would also make a correction to the spiny 
dogfish regulations, because they mistakenly specify a target F=0.08 to 
begin on May 1, 2003. The FMP requires that the target of F=0.03 be 
maintained through the end of the fishing year 2003-2004.

Classification

    This action is authorized by 50 CFR part 648 and has been 
determined to be not significant for purposes of Executive Order 12866.
    An IRFA was prepared that describes the impact this proposed rule, 
if adopted, would have on small entities. A description of the action, 
why it is being considered, and the legal basis for this action are 
contained at the beginning of this section of the preamble and in the 
SUMMARY section of the preamble. A summary of the analysis follows.
    The small entities considered in the analysis include 488 vessels 
that have reported spiny dogfish landings to NMFS in 2000 (the most 
recent year for which there is vessel-specific data). In addition, 
there are vessels that are not subject to the Federal reporting 
requirements because they fish exclusively in state waters. It is not 
possible to identify these vessels, but some number of them are likely 
to be impacted. There is no reason to presume the impacts on these 
vessels would be substantially different from the impact on Federally-
permitted vessels.
    Furthermore, there are a large number of vessels that have been 
issued Federal spiny dogfish permits, but have not fished for spiny 
dogfish (a total of 2,079 vessels were issued the permit in 2001). It 
is presumed that these vessels are interested in the fishery but have 
chosen not to participate under the restrictive trip limits. If any of 
these vessels should choose to participate in the upcoming fishing 
year, they might experience revenue increases associated with landings 
of spiny dogfish but those increases cannot be estimated.
    NMFS considered three alternatives. The action recommended in this 
proposed rule includes a commercial quota of 4 million lb (1.81 million 
kg), and trip limits of 600 lb (272 kg) during Quota period 1 and 300 
lb (136 kg) during Quota period 2. Alternative 2 includes a commercial 
quota of 8.8 million lb (4 million kg) and trip limit of 7,000 lb 
(3,175 kg) for both quota periods. Alternative 3 evaluates the impact 
of having no management measures.
    The potential changes in 2002 revenues under the 4 million lb (1.81 
million kg) quota were evaluated relative to landings and revenues 
derived during 2001: 4.6 million lb (2.08 million kg) of landings, 
valued at $1,012,000. The analysis is based on the last full fishing 
year of landings data and assumed that the revenues of the 488 vessels 
that landed spiny dogfish in 2000 would be reduced proportionately by 
the proposed action. The reduction in overall gross revenues to the 
fishery as a whole was estimated to be about $132,000, or about $270 
per vessel, compared to fishing year 2001.
    The proposed trip limits of 600 lb (272 kg) in Quota period 1, and 
300 lb (136 kg) in Quota period 2 represent a continuation of the trip 
limits established for fishing year 2001 and have no new impact. The 
trip limit analysis projected that, on average, under a 600 lb (272 kg) 
trip limit for quota period 1, landings exceeded the semi-annual quota 
of 2,316,000 lb (1.05 million kg) on about September 5, 2000 (128 days 
into the quota period). During Quota period 2, however, if a 300-lb 
(136-kg) possession limit was in effect, landings were projected not to 
exceed the semi-annual quota of 1,684,000 lb (763,849 kg). The analysis 
projected landings of only 615,000 lb (278,959 kg) during quota period 
2. Thus, approximately 1,069,000 lb (484,890 kg) of allowable spiny 
dogfish landings were projected not to be landed. Although the 
commercial quota is 4 million lb (1.81 million kg), total projected 
landings would only reach 2.93 million lb (1.33 million kg). However, 
the analysis does not account for behavioral changes by vessel 
operators that could impact the amount of landings. Also, since vessels 
without Federal permits are not captured in the analysis, yet their 
landings count towards the quota, it is likely that additional landings 
will occur. In fact, during the 2001 fishing year, under identical trip 
limits and commercial quota, period 1 was open for 52 days under a 600-
lb (272-kg) trip limit and period 2 was open for 20 days under a 300-lb 
(136-kg) trip limit.
    Under Alternative 2, the quota would increase to 8.8 million lb (4 
million kg). This represents an increase from landings in fishing year 
2001 of 4.2 million lb (1.91 million kg), valued at $924,000. Assuming 
that the increase is shared among the 488 that landed spiny dogfish in 
fishing year 2000, each vessel would experience revenue increases of 
$1,893. However, this quota is inconsistent with the target F required 
by the FMP.
    Under Alternative 2, trip limits of 7,000 lb (3,175 kg), the semi-
annual quota of 5,095,200 lb (2.31 million kg) would be exceeded on 
average approximately 55 days into quota period 1 and the semi-annual 
quota of 3,704,800 lb (1.68 million kg) would be exceeded approximately 
80 days into quota period 2.
    Although more vessels would find it profitable to land spiny 
dogfish under a trip limit of 7,000 lb (3,175 kg) while the season is 
open, the season would close sooner than under the lower trip limits. 
Vessels may still be able to make profitable trips by directing on 
other species and landing up to the trip limit of 600 lb (272 kg) or 
300 lb (136 kg) of spiny dogfish. Revenues from spiny dogfish alone 
would be minimal, but the lower trip limits would likely end the 
directed fishery, consistent with the FMP. If major spiny dogfish 
markets are eliminated as a result of low supply due to a low trip 
limit or quick closure of the fishery, much of the revenue from the 
spiny dogfish fishery would also be drastically reduced.
    Under Alternative 3, with no quota or management measures, landings 
are projected to be 24.9 million lb (11,294 mt) in 2002-2003. This 
represents an increase from 2001 landings of 20.3 million lb (9.2 
million kg). Increases in gross revenues to vessels would be about $4.5 
million. Gross revenues for vessels engaged in the spiny dogfish 
fishery would be expected to increase, on average, by about $9,151 per 
vessel in fishing year 2002. Although unrestricted fishing would result 
in higher short-term landings and revenues, compared to fishing year 
2001, this would be inconsistent with the rebuilding program 
established in the FMP, as required by the Magnuson-Stevens Act.
    According to 2000 landings information, the impact of the proposed 
specifications for the 2002 fishing year will be greatest in 
Massachusetts which accounted for the largest share of the landings 
(28.5 percent), followed by New Jersey (25.8 percent), North Carolina 
(14.1 percent), New Hampshire (11.5 percent) and New York (9.4 
percent). The top four ports which landed spiny dogfish in 2000 
included Chatham, MA (21 percent); Point Pleasant, NJ (17.4 percent); 
Hampton

[[Page 13306]]

Bay, NY (8.5 percent); and Portsmouth, NH (8.3 percent).
    The proposed correction to the target F will have no impact on any 
business entity, since it does not modify the status quo.
    It has been determined that this proposed rule does not contain 
policies with Federalism implications as that term is defined in 
Executive Order 13132.
    This proposed rule does not contain or involve any information 
collection requirements that require the approval of the Office of 
Management and Budget pursuant to the Paperwork Reduction Act, 44 
U.S.C. chapter 35.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 18, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 648.230, paragraph (a) is revised to read as follows:


Sec. 648.230  Catch quotas and other restrictions.

    (a) Annual review. The Spiny Dogfish Monitoring Committee will 
annually review the following data, subject to availability, to 
determine the total allowable level of landings (TAL) and other 
restrictions necessary to assure a target fishing mortality rate (F) of 
0.2 in 1999 through April 30, 2000, a target F of 0.03 from May 1, 
2000, through April 30, 2004, and a target F of 0.08 thereafter will 
not be exceeded: Commercial and recreational catch data; current 
estimates of F; stock status; recent estimates of recruitment; virtual 
population analysis results; levels of noncompliance by fishermen or 
individual states; impact of size/mesh regulations; sea sampling data; 
impact of gear other than otter trawls and gill nets on the mortality 
of spiny dogfish; and any other relevant information.
* * * * *
[FR Doc. 02-6983 Filed 3-21-02; 8:45 am]
BILLING CODE 3510-22-S